Constitutional lawyer, John Sangwa SC has sued Lusaka High Court Judge, Sunday Nkonde SC for breaching the Constitution.
Nkonde had cited Sangwa for contempt and was due to appear before him this week.
But Sangwa has taken out a petition citing Judge Nkonde’s action as unconstitutional.
Sangwa who runs a law firm with Robert Simeza SC, stated that Judge Nkonde failed to afford him an opportunity to hear his case as guaranteed by the Constitution.
He complained that the conduct of Judge Nkonde was unethical as he evaded to hear the matter using appalling excuses, despite a certificate of urgency being filed before his Court.
He has petitioned the High Court to quash the summons issued against him by Judge Nkonde and to nullify them as nukk and void for lack of constitutional basis.
Nkonde is said to have refused to hear the appeal in which Finsbury Investment lost a court dispute related to the ownership of the Zambezi Portland Cement case to the italian family, the Ventriligias of Ndola.
Sangwa proceeded to seek an appeal through the Appeals Court which has refered him back to Nkonde’s Court to exhaust procedure.
But Nkonde proceeded to issue criminal summons and cited Sangwa for contempt for (Sangwa’s) assertions to the Appeals Court accusing him of delaying or avoiding hearing the matter.